Philosophical Juridical Study About the Rights of Freedom of Public Prevention

DOI

10.2991/assehr.k.211028.157How to use a DOI?

Keywords

Philosophical Juridical; Right Of Freedom; Expressing Opinions In Public

Abstract

Freedom to express opinions in public is a human right guaranteed by the 1945 Constitution and the Universal Declaration of Human Rights, which in its implementation often creates problems, gets stuck in problems of law enforcement or human rights violations. The following research aims to answer two (2) questions, namely how does the state regulate freedom of expression in public? How should these rights and obligations be exercised? This research is a normative legal research with a statute approach and a conceptual approach. Using primary and secondary legal materials. It is analyzed descriptively and philosophically to find the meaning behind the arrangement. The results show (1) The right to freedom of expression in public must fulfill the principle of balance between the rights and obligations of every citizen with the goal of being able to realize responsible freedom. (2). In developing human rights, it means accepting human obligations or responsibilities, “human duties”. Only individuals who are granted liberty and obligations by moral law can have rights. Rights should not be understood only as claims on other people, but also contain an obligation to respect the rights of others. Rights always imply obligations. All obligations, like all rights, derive from law, because all obligations are moral imperatives and all moral imperatives arise from law.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Triwahyuningsih
PY  - 2021
DA  - 2021/11/11
TI  - Philosophical Juridical Study About the Rights of Freedom of Public Prevention
BT  - Proceedings of the 1st International Conference Of Education, Social And Humanities (INCESH 2021)
PB  - Atlantis Press
SP  - 448
EP  - 454
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211028.157
DO  - 10.2991/assehr.k.211028.157
ID  - 2021
ER  -